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Posted

Participant requests hardship. Check is issued, participant dies 3 weeks later. Mail was slow or something & the check was received on the date of death and not cashed.

Does that check get returned to the account or can it be reissued to his estate using a constructive receipt argument? The beneys under his estate are likely different than those under the 401(k) so this is a nightmare situation for the plan sponsor.

Thanks in advance for any guidance.

Posted

The estate will handle the check just like any other property of the deceased that is not subject to any other arrangement. The representative can negotiate the check.

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